DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5581)

KING FACADE AUSTRALIA UNIT TRUST T/AS KING FACADE AUSTRALIA PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 24 SEPTEMBER 2015

Application for approval of the KING FACADE AUSTRALIA UNIT TRUST T/As KING FACADE AUSTRALIA PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the KING FACADE AUSTRALIA UNIT TRUST T/As KING FACADE AUSTRALIA PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 September 2015 and, in accordance with s.54, will operate from 1 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the King Facade Australia Unit Trust trading as King Facade Australia Pty Ltd (Company) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The matter was heard in the Fair Work Commission (FWC). The CFMEU sought approval for the enterprise agreement, which was intended to cover employees of the Company. The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, leave entitlements, and other employment conditions. The Commission also needed to assess whether the agreement had been made in accordance with the legal requirements, including proper consultation and the provision of necessary information to the employees.

The Commission examined the provisions of the enterprise agreement and the process through which it was negotiated and agreed upon. The FWC considered the evidence presented by both the CFMEU and the Company regarding the negotiation process, the fairness of the terms, and compliance with legal obligations. The Commission noted the absence of any objections from the Company and the comprehensive nature of the agreement, which addressed various employment conditions comprehensively. The Commission concluded that the enterprise agreement was fair and reasonable and was made in accordance with the requirements of the Act. The FWC found that the agreement provided adequate protections for employees and was balanced in its terms. The Commission approved the enterprise agreement, acknowledging the efforts of both parties in reaching a mutually acceptable arrangement.

As a result of the Commission's decision, the CFMEU Building and Construction Industry Enterprise Agreement 2015 was approved for the employees of the Company. This decision provided legal certainty and a clear framework for employment conditions within the Company, ensuring compliance with the Fair Work Act. The approval of the enterprise agreement facilitated a stable and fair working environment for the employees covered by the agreement.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established